Andrew Carothers, M.D., P.C. v. GEICO Indemnity Co.

OPINION OF THE COURT

Memorandum.

Judgment reversed without costs and complaint dismissed.

At the trial of this action by a provider to recover assigned first-party no-fault benefits, the court admitted a series of documents into evidence, over defendant’s objection, upon the testimony of plaintiff’s sole witness, the billing manager for Advanced Health Care Solutions (AHCS), a company that was hired by plaintiff to handle its no-fault billing. Defendant appeals from the judgment entered in plaintiff’s favor, arguing that the witness failed to lay a business records foundation for the documents,…